South Africa Case Law

Dlamini Incorporated and Another v Legal Practice Council of South Africa and Another (2025-064733)

Dlamini Incorporated and Another v Legal Practice Council of South Africa and Another (2025-064733) [2025] ZAGPPHC 621 (23 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-064733

Judge

N Rajab-Budlender

The High Court discharged an urgent rule nisi sought by a law firm after its sole director died, and appointed a curator bonis over the trust accounts and practice.

• Personal Liability Company
• Legal Practitioners Trust Account
• Appointment Of Curator Bonis
• Company Directorship
• Legal Practice Act
• Urgent Interdict

Advocate Mackenzie N.O and Another v Road Accident Fund (1827/2013)

Advocate Mackenzie N.O and Another v Road Accident Fund (1827/2013) [2024] ZAWCHC 399 (5 November 2024)

Court

Western Cape High Court, Cape Town

Case number

1827/2013

Judge

Andrews

The court found that the expert evidence and joint minutes established that Mr B[...] suffered a moderate to severe brain injury resulting in diminished earning capacity and vulnerability to unemployment. The parties agreed on the pre- and post-morbid career paths and earnings, with only the contingency deduction for post-morbid future income in dispute. The court exercised its discretion, considering the long risk period and poor prognosis, but found the proposed 40% and 50% contingencies excessive. A 35% contingency deduction for post-morbid future earnings was deemed appropriate. The appoi…

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• Road Accident Fund Act
• Loss Of Earning Capacity
• Contingency Deductions
• Appointment Of Curator Bonis
• Quantum Of Damages

Jancovich N.O v Road Accident Fund (652/2014)

Jancovich N.O v Road Accident Fund (652/2014) [2020] ZAFSHC 39 (2 March 2020)

Court

Free State High Court, Bloemfontein

Case number

652/2014

Judge

C Reinders

High Court road accident fund damages claim upheld for serious injuries, with awards for general damages and past and future loss of earnings, and a curator issue postponed.

• Road Accident Fund Act
• General Damages
• Loss Of Earnings
• Appointment Of Curator Bonis
• Contingency Deductions
• Road-accident-fund

Thiessen and Another v Botha and Another (A243/2016)

Thiessen and Another v Botha and Another (A243/2016) [2017] ZAWCHC 59 (26 May 2017)

Court

Western Cape High Court, Cape Town

Case number

A243/2016

Judges

Gamble, Desai, Waglay

The court found that the appellant lacked locus standi to seek interdictory and proprietary relief against the respondents, both in the court a quo and on appeal. The founding affidavit failed to allege or establish any factual or legal basis for such standing, nor did it explain why the patient's next of kin did not bring the application. The right to challenge orders affecting the patient's estate, including costs and proprietary orders, vests in the curator bonis, not the appellant. The curator bonis did not participate in the appeal to defend the estate's interests or attack the costs ord…

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• Curatorship
• Locus Standi
• Costs Orders
• Rule 57 Applications
• Appointment Of Curator Bonis

Roos (20916/2016), Ex parte

Roos (20916/2016), Ex parte [2017] ZAGPPHC 183; 2017 (6) SA 491 (GJ) (22 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

20916/2016

Judge

Khumalo

The court referred a curator bonis application to oral evidence after finding material discrepancies in the medical evidence and inadequate investigation by the curator ad litem.

• Curatorship
• Rule 57 Application
• Medical Evidence
• Full Disclosure
• Appointment Of Curator Bonis
• Ex-parte-applications

T obo T v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (28471/2012)

T obo T v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (28471/2012) [2015] ZAGPJHC 141 (16 July 2015)

Court

South Gauteng High Court, Johannesburg

Case number

28471/2012

Judge

Twala

The court found that the plaintiff had proven the quantum of damages necessary for the minor child's future medical and related needs, based on expert evidence and joint minutes. The defendant's argument that the plaintiff should mitigate damages by relying on state facilities was rejected, as it would be unreasonable and contrary to the interests of finality in litigation. The court held that the defendant cannot dictate the form of compensation and must pay proven damages. The court also rejected the defendant's plea to exclude future medical expenses from the contingency fee agreement, fin…

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• Medical Negligence
• Quantum Of Damages
• Contingency Fee Agreement
• Appointment Of Curator Bonis
• Mitigation Of Damage
• Constitutional Right To Healthcare

Monageng v Road Accident Fund (25199/2010)

Monageng v Road Accident Fund (25199/2010) [2011] ZAGPJHC 249 (9 December 2011)

Court

South Gauteng High Court, Johannesburg

Case number

25199/2010

Judge

EF Dippenaar

The court awarded damages for past and future loss of earnings, accepted a 50% contingency deduction, and appointed a curator bonis for the plaintiff.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Appointment Of Curator Bonis
• Quantification Of Damages
• Contingency Deduction
• Road-accident-fund

Nonkwali v Road Accident Fund (771/2004)

Nonkwali v Road Accident Fund (771/2004) [2009] ZAECMHC 5 (21 May 2009)

Court

Eastern Cape High Court, Mthatha

Case number

771/2004

Judge

Dawood

The court awarded damages for severe orthopaedic and brain injuries, applied contingency deductions to income loss, granted costs of two counsel, and appointed a curator bonis.

• Road Accident Fund Act
• General Damages
• Loss Of Income
• Appointment Of Curator Bonis
• Contingency Deductions
• Road-accident-fund